토지인도
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay KRW 2,537,417 to the plaintiff.
B. The plaintiff.
1. If a copy of the complaint and the original copy of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers not to the time the party or legal representative was aware of the fact that the judgment was served by public notice, but to the time when the party or legal representative became aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, the parties
(2) According to the records of this case, the court of first instance (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006) rendered a judgment accepting all of the claims of the Plaintiff on September 6, 2016 after serving the Defendant with a notice of the date of pleading, such as a duplicate of the complaint, by public notice, and the date of pleading, by public notice, and served the original copy of the judgment on the Defendant by public notice. The Defendant received a certified copy of the judgment on June 16, 2017 and filed an appeal for subsequent completion with the court of first instance on June 22, 2017.
According to the above facts, the defendant could not be able to observe the period of appeal, which is a peremptory term, because he did not know the progress and result, etc. of the lawsuit of this case due to a cause not attributable to himself, as the copy, original copy, etc. of the complaint of this case were served by public notice. Thus, the appeal of this case filed within two weeks from the time the defendant received the original copy of the judgment of the court of first instance by satisfying the requirements
2...